To reauthorize the National Aeronautics and Space
Administration Human Space Flight Activities, and for other
purposes.

1.

Short title; table of
contents

(a)

Short
Title

This Act may be cited as the Human Space Flight Capability Assurance and Enhancement
Act of 2010.

(b)

Table of
Contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Statement of human space flight policy.

Sec. 4. Space Shuttle Operations.

Sec. 5. International Space Station operations.

Sec. 6. International Space Station management and
utilization.

Sec. 7. Transportation systems development.

Sec. 8. Definitions.

Sec. 9. Authorization of appropriations.

Sec. 10. Application with other laws.

2.

Findings

The Congress finds the following:

(1)

The United States
Human Space Flight program has, since the first Mercury flight on May 5, 1961,
has been a source of pride and inspiration for the Nation.

(2)

The extraordinary
challenges of achieving access to space both motivated and accelerated the
development of technologies and industrial capabilities that have had
widespread applications which have contributed to the technological excellence
of the United States.

(3)

It is essential to
the economic well-being of the Nation that the aerospace industrial capacity,
highly skilled workforce, and embedded expertise remain engaged in demanding,
challenging, and exciting efforts that ensure United States leadership in space
exploration and related activities.

(4)

The completion of
the International Space Station, the ability to sustain a crew of at least 6
members, and the ability to conduct unique microgravity research that can only
be accomplished in the space environment, provides an opportunity for
scientific and technological advancement that must be immediately and fully
exploited.

(5)

The designation of
the U.S. Segment of the International Space Station as a National Laboratory,
as provided in section 507 of the National Aeronautics and Space Administration
Authorization Act of 2005 (42 U.S.C. 16767) and as further provided in subtitle
A of title VI of the National Aeronautics and Space Administration
Authorization Act of 2008 (42 U.S.C. 17751 through 17753), provides an
opportunity for multiple United States Government agencies, university-based
researchers, commercial research organizations, and others to utilize the
unique environment of microgravity for fundamental scientific research and
potential commercial developments.

(6)

In order to assure
the full and complete utilization of the International Space Station, including
the ability to sustain the systems and physical infrastructure of the vehicle,
effective and timely transportation systems are required, which must be able to
deliver the full range of logistics, support, and maintenance items which may
be necessary through the year 2020.

(7)

For some potential
replacement elements necessary for Space Station sustainability, the Space
Shuttle represents the only vehicle, existing or planned, capable of carrying
those elements to the International Space Station in the near term.

(8)

In order to ensure
effective utilization of Space Station research facilities, the capability for
returning processed experiment samples and research-related equipment to Earth
is essential.

(9)

The maintenance of
human exploration goals, such as a return to the Moon, a voyage to Mars, or
other celestial bodies or locations is essential for providing the necessary
long-term focus and programmatic robustness of the United States civilian space
program.

(10)

The United States
must develop, as rapidly as possible, replacement vehicles capable of providing
both human and cargo launch capability to low-Earth orbit and, by expansion or
modification of core design features, capable of delivering large payloads into
low-Earth orbit or to destinations beyond low-Earth orbit.

(11)

While commercial
transportation systems may contribute valuable services, it is in the United
States national interest to maintain a Government-operated space transportation
system for crew and cargo delivery to low-Earth orbit and beyond.

3.

Statement of
human space flight policy

(a)

Use of Non-U.S.
Human Space Flight Transportation Capacity

It is the policy of
the United States that reliance upon and use of non-United States human space
flight capability shall only be undertaken as a temporary contingency in
circumstances where no United States-owned and operated human space flight
capability is available, operational, and certified for flight by appropriate
Federal agencies.

(b)

U.S. Human Space
Flight Capacity

The Congress reaffirms the policy stated in
section 501(a) of the National Aeronautics and Space Administration
Authorization Act of 2005 (42 U.S.C. 16761(a)), that the United States shall
maintain an uninterrupted capability for human space flight and operations in
low-Earth orbit, and beyond, as an essential instrument of national security
and the ability to ensure continued United States participation and leadership
in the exploration and utilization of space.

4.

Space Shuttle
Operations

(a)

Retention of
Space Shuttle Operations Capability

(1)

In
general

The Administrator shall take all necessary steps to
ensure that all Space Shuttle Program activities and operations are able to
continue, or to be resumed, including flight operations and support, pending
the completion of the reviews, requirements, and reports of this
section.

(2)

Current shuttle
manifest flight assurance

The Administrator shall take all steps
necessary to ensure shuttle launch capability through fiscal year 2011 to
enable launch, at a minimum, of all payloads manifested as of February 28,
2010. In fulfillment of this requirement, the Administrator is prohibited from
terminating any contractor support which will endanger or inhibit the launching
of shuttle payloads manifested as of February 28, 2010, should launches be
required after the first quarter of fiscal year 2011.

No later than 30 days after the date of enactment of
this Act the Administrator shall ask the National Academies of Science to
appoint a Flight Certification Review Committee, consisting of 5 individuals
with appropriate engineering expertise and experience in certification of space
flight vehicle hardware, systems, and equipment testing and validation
procedures, to review space shuttle certification activities undertaken or
initiated after February, 2003. The Committee shall provide an assessment
regarding the adequacy of those validation procedures in assuring vehicle
durability, flight worthiness, and sustainability for continued operations
through a period of up to 5 years beyond the space shuttle flight manifest
planned as of February, 2010. The Committee shall take into account current and
historical trends in anomaly detection and resolution within major components
of the space shuttle systems.

(c)

Completion of
Certification Review and Reporting Requirement

The Committee
appointed under subsection (b) shall complete its task within 90 days of its
appointment and shall provide its findings and determinations concurrently to
the Administrator and to the committees of jurisdiction no later than 120 days
after the date of enactment of this Act.

(d)

Space Shuttle
Capability Retention

Notwithstanding any other provision of law,
to the extent practicable NASA shall operate the Space Shuttle Program at a
flight rate of no more than 2 missions in any consecutive 12-month period
beginning during the fiscal years for which appropriations are authorized under
section 9 of this Act.

(e)

Existing
Hardware Components

The Administrator shall ensure that hardware
components in existence as of March, 2010, remain available for use in
connection with any additional flights required under subsection (g)(2) beyond
those on the current flight manifest schedule.

(f)

Prohibition of
Scheduled Termination

The Administrator may not terminate the
Space Shuttle Program as of a scheduled date certain.

completion of the
space shuttle flights planned as of February 28, 2010;

(2)

delivery of
remaining manufactured orbital replacement units, research instrumentation, and
other maintenance materials and equipment originally scheduled for delivery to
the International Space Station in the flight manifest schedule prepared no
later than November, 2005, and which are identified in the review required by
section 5(b)(2) and deemed essential for maintenance and support of the
International Space Station through the end of fiscal year 2020, and which
require the payload capability of the space shuttle Orbiter for delivery to the
International Space Station; and

(3)

a
determination by the President that termination of space shuttle missions in
support of International Space Station operations—

(A)

is consistent with
paragraph (2) of this subsection, and any other provision of this Act regarding
the provision of human space flight capabilities; and

(B)

will not cause a
degradation of the equipment, logistics, cargo up-mass and down-mass delivery
capability necessary to provide full utilization of international space station
science and research capabilities for both United States National Laboratory
and International Partner scientific research and experimentation which the
United States is obligated by international agreement to provide.

(h)

Additional
Determination Requirements

The President shall include in such a
determination a detailed description of alternate means for the provision of
necessary support for the conduct of full utilization of the International
Space Station for research and development in science, engineering, and
technological development, the scheduled availability of such alternative means
of support, and such materials as may be necessary to justify the
determination.

(i)

Notice to
Congress

The President shall provide any determination under this
section to the committees of jurisdiction, which shall review such
determination and consider whether to recommend legislative action to establish
further conditions for termination of space shuttle operations.

(j)

Termination

The
Administrator may not take steps to terminate the Space Shuttle Program before
the later of—

(1)

the date that is
60 legislative days after receipt of the determination by the Congress;
or

(2)

the date on which
the Congress has taken final action with respect to any bill reported by a
committee of jurisdiction pursuant to subsection (i).

(k)

Decommissioning
of Orbiter Vehicles

(1)

In
general

Upon the termination of the Space Shuttle Program as
provided in this section, the Administrator shall assume responsibility for
decommissioning the remaining Orbiter vehicles according to established safety
and historic preservation procedures prior to their designation as surplus
Government property. The remaining Orbiter vehicles shall be made available and
located for display and maintenance by a competitive procedure established
pursuant to the disposition plan developed under section 613(a) of the National
Aeronautics and Space Administration Authorization Act of 2008 (42 U.S.C.
17761(a)), with priority consideration given to eligible applicants meeting all
conditions of that plan which would provide for the location, display, and
maintenance of one Orbiter at or near the Johnson Space Center, in Houston,
Texas, and one Orbiter at or near the Kennedy Space Center near Titusville,
Florida.

(2)

Display and
maintenance

The Orbiter vehicles made available under paragraph
(1) shall be displayed and maintained through agreements and procedures
established pursuant to section 613(a) of the National Aeronautics and Space
Administration Authorization Act of 2008 (42 U.S.C. 17761(a)). NASA shall be
responsible for the costs of safely decommissioning, transporting, and
re-assembling the Orbiter vehicle for display.

(3)

Authorization of
appropriations

There are authorized to be appropriated to NASA
such sums as may be necessary to carry out this subsection.

(l)

Preservation of
Vehicle and Systems Design and Engineering Data

The Administrator
shall immediately take all necessary steps to ensure the collection and
preservation of space shuttle structures, systems, and infrastructure design,
manufacturing, testing, and maintenance data for historical archival purposes
and for possible use as technical resource material and programmatic lessons
learned and technical interchange applicability for future space vehicle design
and operations.

5.

International
Space Station operations

(a)

Policy
Statement

It shall be the policy of the United States, in
consultation with its International Partners in the International Space Station
Program, to support full and complete utilization of the Space Station through
at least the year 2020.

(b)

Maintenance of
U.S. Segment

(1)

In
general

The Administrator shall take all steps necessary to
ensure the safe and effective operations, maintenance, and maximum utilization
of the United States Segment of the International Space Station through fiscal
year 2020.

(2)

Vehicle and
component review

In carrying out paragraph (1), the Administrator
shall, immediately upon enactment of this Act, conduct an in-depth assessment
of all essential modules, operational systems and components, structural
elements, and permanent scientific equipment on board or planned for delivery
and installation aboard the International Space Station, including both United
States and international partner elements, to determine anticipated spare or
replacement requirements to ensure complete, effective, and safe function and
full scientific utilization of the ISS. The Administrator shall enable the
Comptroller General to monitor and, as appropriate, participate in the review
required by this paragraph in such a way as to enable the Comptroller General
to provide an independent assessment of the review to the committees of
jurisdiction.

(3)

Reporting
requirements

No later than 90 days after the date of enactment of
this Act the Administrator shall provide the completed assessment to the
committees of jurisdiction. The results of the required assessment shall
include, at minimum, the following:

(A)

The identification
of spare or replacement elements and parts currently produced, in inventory, or
on order, and the state of readiness and schedule for delivery to the ISS,
including the planned transportation means for such delivery. Each element
identified shall include a description of its location, function, criticality
for system integrity, and specifications regarding size, weight, and necessary
configuration for launch and delivery.

(B)

The identification
of anticipated requirements for spare or replacement elements not currently in
inventory or on order, a description of their location, function, criticality
for system integrity, the anticipated cost and schedule for design,
procurement, manufacture and delivery, and specifications regarding size,
weight, and necessary configuration for launch and delivery, including
available launch vehicles capable of transportation of such items to the
International Space Station.

(c)

Research
Facilities and Capabilities

Utilization of research facilities
and capabilities aboard the International Space Station other than
exploration-related research and technology development activities, and
associated ground support and logistics, shall be planned, managed, and
supported by the organizations described in section 6.

6.

International
Space Station management and utilization

(a)

Establishment of
Office of Responsibility for United States Space Station National
Laboratory

The Administrator shall establish responsibility for
the International Space Station United States National Laboratory within the
Space Operations Mission Directorate, ISS Program Office at NASA Headquarters,
or any successor entity within NASA. The head of the Office shall be an
official, designated by the Administrator, who shall serve as a Deputy
Associate Administrator for International Space Station, or at an equivalent
rank, and to whom responsibility shall be delegated for, at a minimum, the
conduct of ISS operations, maintenance and utilization by both NASA and
non-NASA organizations. The Officer shall serve as the formal liaison to the
organization specified in subsection (b).

(b)

Establishment of
National Laboratory Management Entity

The Administrator shall
execute an agreement with a cooperative organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation
under section 501(a) of such Code to manage the activities of the ISS United
States National Laboratory. The organization shall be designed specifically for
the unique purpose of developing and implementing research and development
projects utilizing the International Space Station U.S. Segment, and to be
engaged exclusively in this enterprise without other organizational objectives
or responsibilities on behalf of the organization or any parent entity. The
head of the office established by subsection (a) is responsible for liaison and
management of the agreement. The Administrator shall delegate, at a minimum,
the following responsibilities to the organization, which shall carry out its
responsibilities in cooperation and consultation with the head of the office
established by subsection (a):

(1)

Planning and
coordinating the ISS National Laboratory research activities.

(2)

Development and
implementation of guidelines, selection criteria, and flight support
requirements for non-NASA scientific utilization of International Space Station
research capabilities and facilities available in United States-owned modules
or in partner-owned facilities allocated to United States utilization by
international agreement.

(3)

Interaction with
and support of the International Space Station National Laboratory Advisory
Committee, established under section 602 of the National Aeronautics and Space
Administration Authorization Act of 2008 (42 U.S.C. 17752), and the review and
implementation of recommendations provided by that Committee under the terms of
the enabling legislation and subsequent organizational documents, negotiation,
approval, and implementation of memoranda of understanding, Space Act
Agreements, or other authorized cooperative mechanisms, with non-NASA United
States Government entities, academic institutions or consortia, and commercial
entities, leading to utilization of the United States International Space
Station National Laboratory facilities.

(4)

Coordination of
transportation requirements in support of the United States International Space
Station National Laboratory facilities, including provisions for delivery of
instrumentation, logistics support, and related experiment materials, and
provisions for return to Earth of collected samples, materials, and scientific
instruments in need of replacement or upgrade.

(5)

Cooperation with
NASA, other Federal Agencies, States, or commercial entities in ensuring the
enhancement and sustained operations of non-exploration-related space-station
research payload ground support facilities, including the Space Life Sciences
Laboratory, Space Station Processing Facility and Payload Operations Control
Center and any other ground facilities critical to the utilization of the
International Space Station.

(6)

Development and
implementation of scientific outreach and education activities designed to
ensure effective utilization of International Space Station research
capabilities, through such instruments as memoranda of understanding, Space Act
Agreements executed by NASA, or other cooperative agreements, and through the
conduct of scientific assemblies, conferences, etc., for presentation of
research findings, methods and mechanisms for dissemination of non-restricted
research findings, and development of educational programs, course supplements,
interaction with educational programs at all grade levels, including
student-focused research opportunities for conduct of research in the United
States International Space Station National Laboratory managed
facilities.

(c)

Research
Facilities allocation and Integration of Research Payloads

(1)

Allocation of
ISS Research Facilities

Beginning as soon as practicable after
the date of enactment of this Act, United States International Space Station
National Laboratory managed experiments shall be guaranteed access to, and
utilization of, 50 percent of the United States research facilities allocation
and requisite crew time through fiscal year 2014. Beginning with fiscal year
2015, the percentage allocation shall increase by an additional 10 percent per
year through fiscal year 2020.

(2)

Additional
research capability

If the head of the ISS Program Office
determines that there are NASA research plans that would require research
capability beyond the percentage allocation under paragraph (1), those research
plans shall be prepared in the form of requested research opportunities
submitted to the established process for consideration of proposed research
within the allocations and capabilities of the International Space Station
National Laboratory, as provided in paragraph (1). These research proposals may
include the establishment of partnerships with non-NASA institutions eligible
to propose research to be conducted within National Laboratory-allocated
research facilities. Until fiscal year 2020, the head of the Office may grant
exceptions to this requirement if the proposed experiment is deemed essential
for purposes of preparing for exploration beyond low-Earth orbit, as determined
by joint agreement between the organization described in subsection (a) and the
head of the office established under subsection (b).

(3)

Research
priorities and enhanced facilities

The organization described in
subsection (b) and the head of the office established under subsection (a)
shall take into account recommendations of the National Academies of Science
Decadal Survey on Life and Microgravity Sciences in establishing research
priorities and in developing proposed enhancements of research facilities and
opportunities.

(4)

Research payload
responsibility

NASA shall retain its roles and responsibilities
in providing research payload transportation integration and operations
processes essential to ensure safe and effective flight readiness and vehicle
integration of research facilities and activities approved and prioritized by
the organization described in subsection (b) and the head of the office
established under subsection (a).

7.

Transportation
systems development

(a)

In
General

The Administrator shall take steps to ensure that the
development of space transportation vehicles, systems, and infrastructure shall
occur in such a way as to ensure the availability of complementary and, where
necessary, redundant transportation systems capable of delivering crew and
cargo to low-Earth orbit, in particular to the International Space Station, and
to destinations beyond low-Earth orbit. Systems developed and operated by the
United States Government shall be the primary means for delivering crew and
cargo to destinations in low-Earth orbit until such time as commercial entities
demonstrate, through a successful flight regime, as determined by established
milestones within current Space Act Agreements, that they have the capability
to deliver cargo to destinations in low-Earth orbit, including the
International Space Station. Systems developed and operated by the United
States Government shall be the primary means for delivering crew and cargo to
destinations beyond low-Earth orbit. Commercially developed launch systems,
such as those being developed under NASA’s Commercial Orbital Transportation
System, for which the United States Government will serve primarily as a
customer, shall be the primary means for delivering cargo to the International
Space Stations once they have successfully demonstrated that capability, as
required by this subsection.

(b)

National Space
Transportation System

The Administrator is directed to develop a
plan, no later than 90 days after the date of enactment of this Act, for the
establishment of a National Space Transportation System. The National Space
Transportation System shall include—

(1)

an architecture of
Government developed and operated space transportation systems, including one
or more launch vehicles and associated crew and cargo carriers;

(2)

a
streamlined approach to development and acquisition of such systems funded and
overseen by the United States Government, including possible adoption or
modification of effective acquisition practices utilized by the Department of
Defense, where appropriate, to more effectively meet civil space transportation
requirements;

(3)

an operational
concept that utilizes existing Government and industry personnel and
infrastructure in an efficient and cost effective manner;

(4)

continuation or
modification of ongoing programs, associated contracts, and testing and
evaluation plans initiated under the Constellation Program, including the Orion
Crew Exploration Vehicle and the Ares–1 Crew Launch Vehicle, to the extent that
such elements are determined to be cost effective and operationally
effective;

(5)

a
plan for incrementally upgrading initially developed and deployed systems so
that such systems can be made operational with existing technology at the
earliest possible opportunity and then upgraded over time to fulfill more
demanding missions and incorporate new technology as it becomes available;
and

(6)

a United States Government-managed approach
for overseeing and ensuring crew safety, with safety standards for human life
support, including oversight of human ratings requirements established under
subsection (f)(2)(A) of this section.

(c)

Technology
Development To Support National Space Transportation Systems
Evolution

The Administrator shall develop and keep up to date a
technology development plan to support the evolving requirements of the
National Space Transportation System, both for low-Earth orbit requirements and
for missions beyond low-Earth orbit. Technology funding provided pursuant to
this subsection shall be determined based on the specific mission benefits and
the performance requirements needed to achieve clearly identified mission
objectives, such as planning to reach destinations beyond low-Earth orbit.
There are authorized to be appropriated to the Administrator such amounts for
technology funding for propulsion elements as may be necessary to advance the
state of the art in propulsion elements as a priority over developments of
current state of the art in propulsion systems.

(d)

Heavy-Lift
Vehicle Development

(1)

Review

As
part of the National Space Transportation system required in subsection (b) of
this section, the Administrator is directed to conduct a review of alternative
heavy-lift launch vehicle configurations that may be developed by the United
States Government to transport crew and cargo to low-Earth orbit and
beyond.

(2)

Content

The
review shall—

(A)

include
shuttle-derived vehicles which use existing United States propulsion systems,
including liquid fuel engines, external tank, and solid rocket motor technology
and related ground-based manufacturing capability, launch and operations
infrastructure, and workforce expertise;

(B)

take into
consideration technologies developed under the Constellation Program, including
those developed for the Ares–1 system;

(C)

include
consideration of the degree to which alternative vehicles may be developed in
an evolutionary fashion with the objective of supporting initial crew and cargo
transportation to the International Space Station by the end of 2013 and
missions beyond low-Earth orbit by the end of 2018; and

(D)

include
comparative development and projected operational costs.

(e)

National Space
Transportation System Authority To Proceed

The Administrator is
directed to select a heavy-lift launch vehicle and accompanying crew vehicle
design concept and to initiate detailed design activities no later than 6
months after the date of enactment of this Act. If ongoing program development
elements and activities from the Constellation Program are to be included in
such a National Space Transportation System, the Administrator shall take
appropriate steps to extend or modify existing contracts to facilitate this
objective.

(f)

Commercially
Developed Space Transportation Vehicles

(1)

Launch and
delivery systems

The Congress restates its commitment, expressed
in the National Aeronautics and Space Administration Acts of 2005 and 2008, to
the development of commercially developed launch and delivery systems to the
International Space Station for crew and cargo missions, known as the
Commercial Orbital Transportation System.

(2)

Preliminary
requirements for commercial crew capability development

Before
undertaking any development activity in support of commercially developed crew
transportation systems, the Administrator shall ensure that, at a minimum, the
following steps are completed:

(A)

Human rating
requirements

Not later than
60 days after the date of enactment of this Act, the Administrator shall
develop and make publicly available detailed human ratings requirements to
guide the design of commercially developed crew transportation capabilities.
The requirements shall be at least equivalent to proven requirements in use as
of the date of enactment of this Act.

(B)

Commercial
market assessment

The Administrator shall initiate, using an
appropriate and qualified independent entity, an assessment of the potential
non-Government market for commercially developed crew and cargo space
transportation systems and capabilities. The assessment shall—

(i)

include activities
associated with potential private sector utilization of International Space
Station research and technology development capabilities and other potential
activities in low-Earth orbit; and

(ii)

be
completed and provided to the committees of jurisdiction no later than 120 days
after the date of enactment of this Act.

(C)

Procurement
system review

The Administrator shall review established
Government procurement and acquisition practices and processes, including Space
Act Agreement authorities, to determine the most cost-effective means of
procuring commercial crew capabilities and related services which will ensure
appropriate accountability, transparency, and maximum efficiency in the
procurement of such services. The review shall include a description of
proposed measures to address risk management processes and the means of
indemnification for third-party commercial entities, and processes for quality
control, safety oversight, and application of Federal oversight processes
within the jurisdiction of other Federal agencies. A description of the
proposed procurement process and justification for its selection shall be
included in any proposed initiation of procurement activity for commercially
developed crew transportation services and shall be subject to review by the
committees of jurisdiction before the initiation of any competitive process to
procure such services. In support of the committee review, the Comptroller
General shall undertake an assessment of the review required by this
subparagraph and provide a report to the committees of jurisdiction within 90
days after the date on which the Administrator provides the description and
justification to the committees of jurisdiction.

(D)

Use of
Government-supplied capabilities and infrastructure

In evaluating
any proposed development activity for commercially developed crew or cargo
launch capabilities, the Administrator shall identify the anticipated
contribution of Government personnel, expertise, technologies, and
infrastructure to be utilized in support of design, development, or operations
of such capabilities. The Administrator shall include details and associated
costs of such support as part of any proposed development initiative for the
procurement of commercially developed crew or cargo capabilities or
services.

(E)

Establishment of
flight demonstration and readiness requirements

The Administrator
shall establish appropriate milestones and minimum performance accomplishments
which must be completed before any authority is granted to proceed to
procurement of commercially developed crew transportation systems or
capabilities.

(3)

Sense of the
congress

It is the sense of the Congress that the development of
commercial capabilities for the use of space may be of value in maximizing the
utility and productivity of the International Space Station by providing a
commercial means of enabling crew transfer and crew rescue services for the
International Space Station. The Congress further believes that once such
commercial services have demonstrated the capability to meet established
ascent, entry, and International Space Station proximity operations safety
requirements the United States should make use of domestic commercially
provided crew transfer and crew rescue services to the maximum extent
practicable. The Congress further believes that the National Aeronautics and
Space Administration should expedite, where possible, the use of domestic
commercially provided International Space Station cargo missions, and that upon
the certification by appropriate Federal agencies of operational flight
readiness for the provision of commercial crew transportation capabilities, the
Administrator should limit, to the maximum extent practicable, the use of a
United States Government crew transportation vehicle to missions carrying crew
beyond low-Earth orbit.

(4)

Limitation on
obligation or expenditure of funds

No funds authorized to be
appropriated by this Act may be obligated or expended for the purpose of
procuring a commercially developed crew transportation vehicle prior to
completion of the requirements of paragraph (2) of this subsection.

(g)

Cargo Return
Capability

The Administrator is directed to conduct a study of
alternative means for development of the capability for a soft-landing return
for return research samples or other derivative materials, and small to
mid-sized (up to 1,000 kilograms) equipment for return and analysis, or
refurbishment and redelivery to the ISS. If the Administrator decides that an
independent study is appropriate, the results of the study shall be transmitted
to the committees of jurisdiction no later than 120 days after the date of
enactment of this Act.

(h)

Report to
Committees of Jurisdiction

The Administrator shall submit a
report to the committees of jurisdiction on plans for implementing the
requirements of this section no later than 90 days after the date of enactment
of this act.

8.

Definitions

In this Act:

(1)

Administrator

The
term Administrator means the Administrator of NASA.

(2)

Commercial
entity

The term commercial entity means a for-profit
entity operating in such a way that—

(A)

private capital is
at risk in the provision of a product, activity, or service;

(B)

there are existing
or potential non-governmental customers for the product, activity, or service
conducted or provided by the entity;

(C)

the commercial
market ultimately determines the viability of such product, activity, or
service; and

(D)

primary
responsibility and management initiative for the entity resides with the
private sector.

(3)

Committees of
jurisdiction

The term committees of jurisdiction
means—

(A)

the Committee on
Commerce, Science, and Transportation of the Senate; and

(B)

the Committee on
Science and Technology of the House of Representatives.

(4)

Down-mass

The
term down-mass means physical elements, such as equipment removed
for repair, replacement or analysis, experiment products, samples and devices,
tools, personal crew items, manufactured goods, or other non-disposable items,
including historically significant materials or items, whether the property of
the United States or an international partner, or a non-Government or
commercial entity.

(5)

ISS

The
term ISS means the International Space Station.

(6)

ISS national
laboratory

The term ISS National Laboratory means
the International Space Station United States National Laboratory
Enterprise.

(7)

Legislative
day

The term legislative day means any calendar day
on which the Senate and the House of Representatives are in session.

(8)

NASA

The
term NASA means the National Aeronautics and Space
Administration.

(9)

Space
Act

The term Space Act means the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.).

(10)

United States
segment of the International Space Station

The term United
States Segment of the International Space Station includes all
structural elements, supporting equipment, external attachment locations,
pressurized modules, and associated contents, purchased or manufactured by or
for the United States, and partner-supplied facilities allocated for
utilization as determined through bilateral and multilateral agreements.

(11)

Up-mass

The
term up-mass means physical elements, such as equipment, spare
parts, replacement parts, experimental facilities, and associated materials,
and various supplies necessary for the operation and maintenance of the space
station vehicle, modules, hardware, and crew support.

9.

Authorization of
appropriations

(a)

FY
2010

There are authorized to be appropriated to the National
Aeronautics and Space Administration for fiscal year 2010:

(1)

Space Science
Mission Directorate, $4,493,300,000.

(2)

Exploration
Systems Mission Directorate, $3,779,800,000.

(3)

Space Operations
Mission Directorate, $6,180,600,000.

(4)

Aeronautics and
Space Research and Technology Mission Directorate, $682,200,000.

For purposes of implementing section 4,
there are authorized to be appropriated an additional $200,000,000 for Space
Shuttle Operations in fiscal year 2010, $1,200,000,000 for Space Shuttle
Operations in fiscal year 2011, and $2,000,000,000 for Space Shuttle Operations
in fiscal year 2012.

(e)

ISS
Operations

For purposes of implementing section 5, there are
authorized to be appropriated an additional $36,000,000 for fiscal year 2010
for procurement of necessary spares, replacement units, and associated
transportation costs of elements necessary to ensure viable sustained vehicle
maintenance and operations, $100,000,000 for fiscal year 2011, and $100,000,000
for fiscal year 2012.

(f)

ISS
Utilization

For purposes of implementing section 6, there are
authorized to be appropriated an additional $20,000,000 in fiscal year 2010,
$15,000,000 for fiscal year 2011, and $15,000,000 for fiscal year 2012.

(g)

No Fiscal Year
Limitation on Funding

All funds appropriated pursuant to this
section shall remain available until expended.

(h)

Transfer of
Funds

The Administrator may transfer funds among any of the
accounts identified in this section if, not less than 30 days before the date
of any such transfer, the Administrator provides a detailed explanation of the
needs for the transfer, the amount proposed to be transferred, and an analysis
of the impact on activities from which funding is proposed to be transferred,
to the committees of jurisdiction of the House of Representatives and the
Senate. No such transfer shall occur until the Administrator has received an
affirmative response indicating agreement to the proposed transfer from the
chairs of the committees of jurisdiction.

10.

Application with
other laws

The proviso under
the heading “exploration”, under the heading
“science” in the matter dealing with the
National Aeronautics and Space Administration in the Science Appropriations
Act, 2010 (title II of division B of the Consolidated Appropriations Act, 2010;
Public Law 111–117) shall not apply to any activity authorized under this
Act.